Disposed

Asha Chandran v. State of Kerala

Kerala HC13 Jan 2023WP(C)/7207/2021

Case brief

AI extract

What is this about?

In a writ petition challenging orders declining regularization of service of a High School Teacher, the Court directed the 1st Respondent to consider and pass appropriate orders on a pending revision petition after affording an opportunity of being heard to the petitioner and relevant respondents within four months.

What did the court decide?

Direction to 1st respondent to consider and pass orders on petitioner's revision petition after hearing within four months.

Asha Chandran Vs State of Kerala — Service and Employment | Kerala HC (2023)

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WP(C) NO. 7207 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 13^TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944 WP(C) NO. 7207 OF 2021

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PETITIONER/S:

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ASHA CHANDRAN AGED 46 YEARS W/O. JAYA KUMAR, HIGH SCHOOL TEACHER (SOCIAL SCIENCE), VAYANAKAM VOCATIONAL HIGHER SECONDARY SCHOOL, OCHIRA, KOLLAM, RESIDING AT KALEEKAL, VAYANAKAM, NJAKANAL P.O, OCHIRA, KOLLAM-690 533

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BY ADVS. B.MOHANLAL SMT.P.S.PREETHA SRI.MANSOOR ALI SHRI.SHINE N.S SHRI.KARTHIK J SEKHAR

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR GENERAL OF EDUCATION, JAGATHY, THYCAUD P.O, THIRUVANANTHAPURAM-695 014 3 THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY P.O, KOLLAM-691 009 4 THE DISTRICT EDUCATIONAL OFFICER, COLLECTORATE , CUTCHERY P.O, KOLLAM-691 013

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WP(C) NO. 7207 OF 2021

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5 THE MANAGER, VAYANAKAM VOCATIONAL HIGHER SECONDARY SCHOOL, NJAKANAL P.O, OCHIRA, KOLLAM-690 533 6 THE PRINCIPAL/HEADMASTER, VAYANAKAM VOCATIONAL HIGHER SECONDARY SCHOOL, NJAKANAL P.O, OCHIRA, KOLLAM-690 533 BY ADVS. GOVERNMENT PLEADER V.A.MUHAMMED SRI.V.JOHN MANI ShRI.S.JAYANT SRI.JACKSON JOHNY SHRI.VARGHESE SABU SHRI.SETHULAKSHMI K.K. SMT.GAYATHRI MENON M.SAJJAD SMT. M ANIMA, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 7207 OF 2021

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JUDGMENT

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The above-captioned writ petition is filed seeking to quash Exhibit P4

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order issued by the 4th respondent and Ext.P22 order issued by the 5th respondent in terms of which the punishment and punitive measures imposed against the petitioner by the manager was confirmed and the request made by

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the petitioner to regularise her service as HST (Social Science) for the period

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from 20/05/2016 to 29/09/2019 was declined.

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The learned counsel appearing for the petitioner submits that during

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the pendency of the writ petition, Ext.P22 order was confirmed by the DEO by

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issuing Ext.P23 order. Challenging the above orders, the petitioner is stated to

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have preferred Ext.P24 revision petition before the 1st respondent.

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Sri B. Mohanlal submits that, in view of the subsequent turn of events,

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the petitioner would be satisfied if the 1st respondent is directed to take up, consider and pass orders on Exhibit P24.

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WP(C) NO. 7207 OF 2021

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I have heard the learned Government Pleader and have considered

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the submissions advanced.

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After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

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a) There will be a direction to the 1st respondent to

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take up, consider and pass appropriate orders on Ext.P24 after affording an opportunity of being heard,

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either physically or virtually, to the petitioner herein

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or her authorized representative and respondents 5

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and 6.

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b) Orders, as directed above, shall be passed expeditiously, in any event, within four months from

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the date of production of a copy of this judgment.

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c) It would be open to the petitioner to produce a

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WP(C) NO. 7207 OF 2021

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copy of the writ petition along with the judgment

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before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C) NO. 7207 OF 2021

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APPENDIX OF WP(C) 7207/2021

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PETITIONER(S) EXHIBITS :

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EXHIBIT P1	THE TRUE COPY OF THE ORDER NO. 01/2016-17 DATED 20.05.2016 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P2	THE TRUE COPY OF THE ORDER NO. B2/2939/16 DATED 04.06.2016 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3	THE TRUE COPY OF THE MEMO AND MEMO OF CHARGES DATED 25.06.2016 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P4	THE TRUE COPY OF THE ENQUIRY REPORT DATED 14.10.2016 SUBMITTED BY THE 4TH RESPONDENT.
EXHIBIT P5	THE TRUE COPY OF THE SHOW CAUSE NOTICE NO.14/2016 DATED 15.11.2016 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P6	THE TRUE COPY OF THE ORDER NO.VB5/89836/2016/DPI DATED 10.05.2017 ISSUED BY THE VIGILANCE OFFICER ATTACHED
	TO THE OFFICE OF THE 2ND RESPONDENT.
EXHIBIT P7	THE TRUE COPY OF THE PETITION DATED 24.06.2017 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P8	THE TRUE COPY OF THE JUDGMENT DATED 12.07.2017 IN W.P.C NO. 20734/2017 OF THIS HON'BLE COURT.
EXHIBIT P9	THE TRUE COPY OF THE ORDER NO.B3/12028/2017/K.DIS DATED 02.12.2017 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT.
EXHIBIT P10	THE TRUE COPY OF THE ORDER NO. 17(12) /2016-17 DATED 21.06.2017 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P11	THE TRUE COPY OF THE JUDGMENT DATED 16.10.2018 IN W.P.C NO. 30008/2018 OF THIS HON'BLE COURT.
EXHIBIT P12	THE TRUE COPY OF THE ORDER NO. VB5/52842/2018 /DPI/K.DIS DATED 26.11.2018 PASSED BY THE 2ND RESPONDENT.

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WP(C) NO. 7207 OF 2021

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EXHIBIT P13	THE TRUE COPY OF THE JUDGMENT DATED
	18.01.2019 IN W.P.C NO. 1409/2019 OF THIS HON'BLE COURT.
EXHIBIT P14	THE TRUE COPY OF THE JUDGMENT DATED 21.03.2019 IN CONTEMPT CASE (C) NO. 23/2019 OF THIS HON'BLE COURT.
EXHIBIT P15	THE TRUE COPY OF THE G.O(RT) NO. 1792/2019/GEDN. DATD 20.05.2019 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P16	THE TRUE COPY OF THE ORDER NO.B2/2939/2016 DATED 04.06.2019 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT.
EXHIBIT P17	THE TRUE COPY OF THE JUDGMENT DATED 29.08.2019 IN W.P.C NO. 17566/2019 OF THIS HON'BLE COURT.
EXHIBIT P18	THE TRUE COPY OF THE ORDER DATED 23.09.2019 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P19	THE TRUE COPY OF THE REPRESENTATION DATED 15.11.2019 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P20	THE TRUE COPY OF THE JUDGMENT DATED 03.07.2020 IN W.P.C NO. 13259/2020 OF THIS HON'BLE COURT.
EXHIBIT P21	THE TRUE COPY OF THE G.O(MS) NO. 250/2021/G.EDN. DATED 11.01.2021 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P22	THE TRUE COPY OF THE ORDER NO.5/2021 DATED 15.02.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
Exhibit P23	THE TRUE COPY THE ORDER NO:B2/2939/2016 DATED 05.11.2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit P24	THE TRUE COPY OF THE MEMORANDUM OF REVISION DATED 19.11.2022 FILED BY THE PETITIONER BEFORE THE GOVERNMENT AND ITS POSTAL RECEIPT DATED 21.11.2022.

Asha Chandran v. State of Kerala

Case brief

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Asha Chandran v. State of Kerala

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